Why didn't the court's decision show in his background check!?

This is a discussion on Why didn't the court's decision show in his background check!? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I guess there is a fly in the ointment on the background check process. This nut-case in VA had a court rule that he was ...

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Thread: Why didn't the court's decision show in his background check!?

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    Member Array Matt Stokes's Avatar
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    Question Why didn't the court's decision show in his background check!?

    I guess there is a fly in the ointment on the background check process. This nut-case in VA had a court rule that he was a danger to himself and others. He was approved for the purchase. I am not sure if this is state specific or federal or both. Help clear this up for me!
    I think that this may turn into a liability question against the school as so much was known of this kid and little was done to mitigate his troubles.
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    VIP Member Array PatrioticRick's Avatar
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    I was wondering about this too, why didn't it show up in background check.
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    Same here - just heard about this - it was back in 2005.

    Seems too between phase #1 and #2 of his spree he mailed a package including MOV vid's and pics etc ..... he really was without doubt a total psycho.
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    It may be that, like Ohio , mental health records are not accessible. In Ohio even if you are "committed" it won't show up on the background check because of state laws.

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    Senior Member Array MR D's Avatar
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    one acronym - HIPPA

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    VIP Member Array Tom G's Avatar
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    I can't believe this guy did not show up on the back ground check. Was he ever actually arrested? This guy should have set off all kinds of alarms. Why didn't he get booted from school after stalking the two girls? From what I've heard this is about to turn into a witch hunt that will end up hurting a lot of people. Those in charge should make it their primary goal to keep this from happing again instead of pointing fingers.

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    Member Array Gun Loving Liveral's Avatar
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    When Oklahoma first passed concealed carry I still worked in the mental health field. We were specifically instructed by superiors that we could not acknowledge whether or not an individual had ever been treated at our outpatient clinic if we were contacted by law enforcement doing a background check for a permit. As someone mentioned, HIPPA is the law currently prohibiting health care workers from releasing any information about a person's medical history.
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    Quote Originally Posted by Gun Loving Liveral View Post
    When Oklahoma first passed concealed carry I still worked in the mental health field. We were specifically instructed by superiors that we could not acknowledge whether or not an individual had ever been treated at our outpatient clinic if we were contacted by law enforcement doing a background check for a permit. As someone mentioned, HIPPA is the law currently prohibiting health care workers from releasing any information about a person's medical history.
    Here in craven county an applicant for ccw must go to the mental health facility and give them money so they will release your record if any to the sheriff; but, for a gun buying permit they just do a local records check on the computer at the court house.

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    Senior Member Array rmilchman's Avatar
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    I thought I heard somewhere that he actually got the records tossed by a judge.

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    Maybe George or Army Cop can help me with this....

    If I remember correctly here in Alabama (Athens Alabama) we had a man who was committed then went and bought an SKS.

    The background check didn't show any prior mental problems because that infromation was protected under state law.

    He then used the SKS two kill to Police Officers who he called to his house.

    The state has since changed that law and now any Goverment ordered mental health care is entered into the state NICS.

    This happend in 2005 or real early 2006.

    Prehaps VA has done this yet.
    Last edited by pgrass101; April 18th, 2007 at 08:03 PM.
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    Member Array ltc-usa's Avatar
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    I'll tell you, it will be a bad day for you if caught violating HIPPA laws. Something has to be done if this was the reason no info was out there in a background check.

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    Senior Member Array jofrdo's Avatar
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    Virginia citizens are allowed to purchase a firearm if they pass a criminal background check counducted by the State Police. They must also not have ever been involuntarily treated for a psychiatric disorder. Whether they have or not is not checked; the state simply depends upon the purchaser to tell the truth in a checkbox on the form! There is no database of psychos to which anyone can refer; the Federal HIPPA law protects the privacy of that information.

    So if some psycho wants to buy a gun, he's not going to tell the truth on the form; he's going to lie and buy the gun. If a drug user wants to buy a gun, he's also going to lie about that on the form. Then the gunstore owner will be prosecuted for selling a gun to someone not allowed to own it.

    I think we need to relax the HIPPA rules at the Federal level and get that information about people into states' law enforcement databases for purposes of gun purchase qualification.

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    Member Array Puppy's Avatar
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    I had not heard he was Court admitted. Only that people knew about it.

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    There may be a number of loopholes in the psychiatric question. From what I can find he was sent for evaluation. He was then released with a report that indicated he was OK. Va. Tech Killer Ruled Mentally Ill by Court; Let Go After Hospital Visit

    Between HIPPA and the way questions are asked on Form 4473. Question 12f: "Have you ever been adjudicated mentally defective (which includes having been adjudicated incompetent to manage your own affairs) or have you ever been commited to a mental institution?" I suspect that the shooter could legally answer no to that question. The judge sent him for evaluation and the hospital released him. That sounds like he wasn't adjudicated mentally defective nor committed to a mental institution. If the NICS database does not contain information indicating that he has been adjudicated or committed then the request will probably come back approved.
    George

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    Member Array Matt Stokes's Avatar
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    There will be more on this subject soon; talk about a fluid situation!
    Dennis Miller was on The Factor and likened it to the disconnect that existed prior to 9-11. The different agencies were not sharing information. HIPPA is the culprit; but I don't know how much of that privacy I want to give up. Someone has leaked incorrect information about my medical issues and it has plugged my Email with Viagra ads!
    I thought that court proceedings were public information; someone applying for a gun would need to further explain the court order with release of mental health/medical information.
    Would that be a good first step? In Minnesota you can't buy a gun if you have an order of protection against you. They have no problems getting that info in the data base. Did any of the girls that he stalked get orders of protection?
    I cherish my 2nd amendment rights and this is another avenue for those that strive to remove this right and most other rights that make this the greatest country in existance.
    Semper Paratus

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